Delabigarre v. Bush
New York Supreme Court
On the 14th October, 1800, the respondent filed his bill in the court of chancery, against Peter W. Livingston, Deter Delabigarre, and Margaret, his wife, certain judgment creditors of Delabigarre, and Andrew Stockholm.
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On the 14th October, 1800, the respondent filed his bill in the court of chancery, against Peter W. Livingston, Deter Delabigarre, and Margaret, his wife, certain judgment creditors of Delabigarre, and Andrew Stockholm. The bill stated that the appellants, on the 15th March, 1797, executed a mortgage to Pc ter W. Livingston, for two farms in Dutchess county, one undivided fifth part of a lot of ground and houses, in Pearl-street, one undivided ” fifth part of two lots, &c. in William-street, and also six-*-een lots, therein described, devised to Margaret Beelc-man, and situate in the city of…
1Opinion of the CourtThompson, J.
The first question presented by the present appeal, is, whether the decree for a sale should have extended to the whole of the mortgaged premises, or oeen limited to such portion as would have been sufficient to satisfy the respondent’s demand. I cannot- assent to the proposition, that, on the foreclosure of a mortgage, jt is matter of course to order a sale of all the mortgaged premises, I see no beneficial purpose to be answered by *504such a course as it respects the rights of the mortgagee. All that he can with propriety, require, is a full satisfaction of his demand. It is well known, that,…
2Cited by4 opinions
- Tarbell v. . WestNew York Court of Appeals · 1881
- Lansing v. GoeletCourt for the Trial of Impeachments and Correction of Errors · 1827
- Connolly v. BeltU.S. Circuit Court for the District of District of Columbia · 1838
- Green v. CrossSupreme Court of New Hampshire · 1864